Deeplinks Blog posts about Computer Fraud And Abuse Act Reform

Security research could earn you a prison sentence if this bill passes.

Legislators in Rhode Island have advanced a dangerous bill that would duplicate and exacerbate the faults of the federal Computer Fraud and Abuse Act (CFAA). Four organizations joined EFF this week in signing a letter and supporting memo to state legislators explaining the bill's faults and why it should not pass.

Old laws can cause confusion and unduly harsh consequences, particularly when courts confront situations Congress did not anticipate. This is particularly true for the Computer Fraud and Abuse Act, 18 U.S.C. § 1030—the federal "anti­hacking" statute prompted in part by fear generated by the 1983 techno­thriller "WarGames." The CFAA was enacted in 1986, and the government's current prosecution of journalist Matthew Keys—who faces sentencing on Jan. 20 for three counts of violating the CFAA—illustrates the 30-­year­-old statute's many problems.

Earlier this fall, EFF and MIT co-hosted the Freedom to Innovate Summit, bringing together student researchers from around the country to discuss threats to research and how universities can better support students. Video from several sessions recently became available online.

The Summit featured several noteworthy speakers, including students who had been forced to confront overzealous law enforcement authorities and prosecutors. One whose story gripped participants was former MIT Electrical Engineering and Computer Science student Star Simpson.

One of the basic tenets of a civilized society is that the punishment should be proportionate with the crime. What essentially amounts to vandalism should not result in even the remote possibility of a 25-year jail sentence. But that very possibility is on the table in the government’s case against journalist Matthew Keys, whose sentencing hearing is about one month off. The case is an illustration of prosecutorial discretion run amok—and once again shows why reform of the federal anti-hacking statute, the Computer Fraud and Abuse Act (CFAA), is long overdue.

This weekend marks the third annual Aaron Swartz Day hackathon, and a chance for you to meet up with other people working to use technology to make the world a better place. Once again, cities around the world will host two days of meetups.